No. 55.
Mr. Seward
to Mr. Williamson.
Washington, July 19, 1877.
Sir: Your dispatch No. 24, of the 14th ultimo, has been received. It relates to the case of the steamer Georgia, which, having struck a rock in the Straits of Magellan, was sold at auction to one Jones for a trifle and was afterward bought back by the agent of the owners at New York. This purchaser gave Jones in payment a draft on a house at Valparaiso, which not having been honored, process for the detention of the vessel was issued there, and a Chilian military officer ordered on board as keeper. The master of the steamer Wilmington, from New York, however, who was the special agent dispatched thence with skilled persons to raise the Georgia, having accomplished this, started with her for her original destination, retaining the Chilian military officer on board. Having stopped at Lota, in Chili, for coal, a civilian was there also placed on board as keeper. The steamer, however, left that port with both the keepers, but they were subsequently landed in order that they might return to Valparaiso by one of the steamers which ply on that coast.
The Chilian minister for foreign affairs, in his note to you of the 29th ultimo, complains of the carrying off of the Georgia and her guardians, while in supposed legal custody within that republic, and acknowledges that his government had applied to that of Peru to detain that steamer, an application which, for a time at least, was successful.
This government expects vessels and citizens of the United States abroad to abide by the local laws. It also expects foreign governments to carry their laws into effect in conformity with substantial justice, and to frown upon shams and fraud. * * * The stranding of the Georgia, by Nickerson, her master, and her subsequent irregular sale to Jones without communication with or sanction by her owners at New York, were, at least, suspicious proceedings, especially as it is understood that the governor at Punta Arenas had no authority to authorize or sanction either a survey or the sale of that steamer. It is obvious, therefore, that if the title to her did not pass to Jones through the path of law, it was invalid to a degree which vitiates all his subsequent proceedings.
It may be remarked that the purchase from Jones, even supposing his title to have been good, was not authorized by the Panama Steamship Company. In sending the steamer Wilmington to the straits with a gang of wreckers on board, they supposed that nothing had been done to divest them of the title to their property; and, although nothing had been legally accomplished for that purpose, it is evident that when the master of the Wilmington reached that point, so remote from his principals, and found that the Georgia was claimed by Jones, he was surprised and perplexed to a degree which inconsiderately led him to give the draft on Valparaiso, which was not paid.
The master of the Wilmington may be assumed to have been actuated solely by a desire faithfully to discharge the trust which had been committed to him of saving the Georgia and of restoring her to her rightful owners. It is probable he found he could not do this without taking in the steamer the keepers which had been placed on board of her. It is not to be supposed that in adopting this course he was actuated by any malice toward those persons, by any purpose to harm them, or that he had any thought of disrespect toward the Chilian authorities.
[Page 72]Vessels which pass through the Straits of Magellan, even when skillfully and honestly navigated, are well known to be much liable to casualties like that which befell the Georgia. The Chilian penal settlement of Punta Arenas being the only one in that quarter, persons attached to it are naturally liable to temptation to take advantage of the misfortunes resulting from the wreck or stranding of vessels.
It is obviously the duty of the Chilian Government, however, to make provision against such abuses and not to seek to protect and encourage them.
I am, &c.,
Acting Secretary.